Performance Exemptions. Notwithstanding Section 4.5 (Obligation to Deliver Energy or Reduce Energy), the Participant shall be exempt from activating the Contracted DER to comply with an Activation Notice under either of the following circumstances (each a “Performance Exemption”): (a) the Activation Notice issued is an Invalid Activation Notice; (b) a Forced Outage in which, due to the severity and suddenness of the events leading to the Forced Outage, the Participant was not able to submit an Outage Notice prior to the start of the Forced Outage, provided however that in in the event the Participant fails to submit an Outage Notice via the Platform within twenty-four (24) hours of the start of the Forced Outage, this exemption shall not be available to the Participant, provided however that the DSO retains the discretion, acting reasonably, to determine whether a Performance Exemption is available to the Participant.
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